In Re Sosa

Opinion

FILES, P. J.

This proceeding in habeas corpus challenges the decision of the Community Release Board that required petitioner to serve a period of parole although his credit for 2,153 days of presentence custody exceeded his total state prison sentence term calculated under Penal Code section 1170.2, including the period of parole under Penal Code section 3000.

[1004]

On January 17, 1972, the petitioner was convicted of second degree burglary in Los Angeles Superior Court, case number A 424641. Probation was granted for a 3-year period upon condition that the first 108 days be served in county jail.

On September 11, 1972, petitioner was convicted of another second degree burglary in Los Angeles Superior Court, case number A 430382. Consequently, on September 21, 1972, probation was revoked in A 424641 and, after proceedings pursuant to Welfare and Institutions Code section 3051, petitioner was committed to the custody of the Department of Corrections for confinement at a state narcotic treatment and rehabilitation facility.

In October 1978, petitioner was declared to be unsuited for further treatment at the facility and was returned to the superior court for resumption of criminal proceedings.

Inasmuch as petitioner’s offenses were committed prior to July 1, 1977, the effective date of the Indeterminate Sentencing Law, appellant was sentenced under the Indeterminate Sentencing Law which authorized a prison term of one to fifteen years for second degree burglary. (Former Pen. Code, § 461.)

On October 19, 1978, petitioner was sentenced to state prison for the term prescribed by law in each case, the terms to run concurrently, with 2,153 days presentence credit applied to each.

Following petitioner’s delivery to the Department of Corrections on October 24, 1978, his term was fixed pursuant to section 1170.2 at two years, which was deemed fully served by application of the 2,153 days credit. He was released from confinement on December 4, 1978, on a one-year period of parole.

Petitioner states that he “did not agree on the one year parole and he absconded from day one....” Parole was suspended on March 7, 1979, effective February 22, 1979. He was arrested on a new burglary charge on August 2, 1979, and detained on a parole hold.